BNSS Section 189
Code:
If, upon an investigation under this Chapter, it appears to the officer in charge of
the police station that there is not sufficient evidence or reasonable ground of suspicion to
justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in
custody, release him on his executing a bond or bail bond, as such officer may direct, to
appear, if and when so required, before a Magistrate empowered to take cognizance of the
offence on a police report, and to try the accused or commit him for trial
Explanation:
This section deals with the release of a person arrested during an investigation when there is insufficient evidence to justify forwarding them to a Magistrate. It essentially outlines the procedure for releasing an accused person under certain circumstances.
- Investigation: This section pertains to investigations conducted under Chapter XVI of the BNSS, which deals with the powers of police officers in relation to investigation.
- Insufficient Evidence: If, upon investigating the case, the police officer finds that there is not enough evidence or a reasonable suspicion to charge the accused, they are not required to forward the case to a Magistrate.
- Release on Bond: Instead, the police officer can release the accused person on bail. This bail involves the accused signing a bond, with or without sureties, as the officer deems fit.
- Appearance Before Magistrate: The bond requires the accused to appear before a Magistrate when summoned. This Magistrate would be empowered to take cognizance of the offense based on a police report and either try the accused or commit them for trial in a higher court.
Illustration:
Imagine someone is arrested for theft. The police investigate, but the evidence is weak, and there’s no strong reason to believe the person committed the crime. In this case, under Section 189, the police officer can release the accused on bail with a bond, asking them to appear before a Magistrate if and when required.
Common Questions and Answers:
Q: Can the police officer release the accused even if they have evidence, but it’s not enough for a conviction?
A: Yes, if the officer believes the evidence is insufficient to justify forwarding to a Magistrate, they can release the accused on bail.
Q: What happens if the accused fails to appear before the Magistrate?
A: The Magistrate can issue a warrant for the accused’s arrest. They can be prosecuted for breaching the bond conditions.
Q: What if the accused is unable to provide sureties?
A: The police officer can still release them on bail, but they might require a higher bond amount. The police can impose stricter conditions on the accused.
